Gureet Singh (Migration)

The applicant, Gureet Singh, sought judicial review of a decision by the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs concerning his subclass 820/801 visa applications. The dispute centred on whether the applicant met the criteria under Schedule 3 of the Migration Regulations 1994, specifically clause 820.211(2)(d)(ii), which relates to the notification of a Tribunal's decision to set aside a visa cancellation.

The court was required to determine the correct interpretation and application of clause 820.211(2)(d)(ii) of the Migration Regulations 1994. This involved ascertaining the "relevant day" for the purpose of assessing the applicant's eligibility under Schedule 3, particularly in circumstances where a visa cancellation decision had been set aside by the Tribunal.

The court reasoned that clause 820.211(2)(d)(ii) establishes that the "relevant day" is the day the applicant is taken to have been notified of the Tribunal's decision, provided that the last substantive visa held by the applicant was cancelled and the Tribunal set aside that cancellation. Applying this to the facts, the court found that the applicant met the criteria under clause 820.211(2)(d)(ii). Consequently, the court remitted the applicant's subclass 820/801 visa applications to the Minister for further consideration with the finding that the applicant meets clause 820.211(2)(d)(ii).